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Were Muslim Groups Duped Into Supporting an LGBTQ Rights Petition at the US Supreme Court?

Muslim organizations, Muslim groups
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Recently several Muslim groups sent an amicus brief to the US Supreme Court to support LGBTQ rights in employment.  These groups argued“sex” as used in the Civil Rights Act should be defined broadly to include more types of discrimination than Congress wrote into the statue.

A little background. Clayton County, Georgia fired Gerald Lynn Bostock. The County alleged Bostock embezzled money, so he was fired. Bostock argues the real reason is that he is gay. Clayton County denied they would fire someone for that reason. Clayton County successfully had the case dismissed saying that even if Bostock is right about everything, the law Bostock filed the lawsuit under does not vindicate his claim. The case is now at the Supreme Court with other similar cases.

The “Muslim” brief argued the word “sex” should mean lots of things, and under the law (Title VII of the Civil Rights Act), LGBTQ discrimination is already illegal.  American law has developed to provide some support for this argument, but there have been divisions in the appellate courts. So this is the exact sort of thing the US Supreme Court exists to decide.

The Involvement Of Muslim Groups

In Supreme Court litigation, parties on both sides marshal amicus briefs (written arguments) and coordinate their efforts to improve the effectiveness of their advocacy, there are over 40 such briefs in the Bostock case. Groups represent constituencies with no direct stake in the immediate dispute but care about the precedent the case would set.

The Muslim groups came in purportedly because they know what it’s like to be victims of discrimination (more on that below). The brief answered an objection to the consequences that could come with an expansive definition of the term “sex” to include gay, lesbian, and transgender persons (in lieu of its conventional use as synonymous with gender, i.e., male/female). In particular, the brief responded to the concern that “sex” being defined as any subjective experience may open up more litigation than was intended by making the argument that religion is a personal experience that courts have no trouble sorting out and that, like faith, courts can define “sex” the same way.

While this may be interesting to some, boring to others, it begs the question:  why are Muslim groups involved with this stuff? Muslims are a faith community. If we speak *as Muslims* is it not pertinent to consult with the traditions of the faith tradition known as Islam, like Quran, Hadith and the deep well of scholarly tradition?  Is our mere presence in a pluralistic society enough reason to ignore all this and focus on building allies in our mutual desire to create a world free of discrimination?

Spreading Ignorance

In July of 2017, the main party to the “Muslim” brief, Muslims for Progressive Values (MPV), was expelled from the Islamic Society of North America (ISNA) Convention bazaar.  I was on the Executive Council of the organization at the time but had no role in the decision. The reason: MPV was dedicated to promoting ignorance of Islam among Muslims at the event. The booth had literature claiming haram was good and virtuous. Propaganda distributed at the table either implied haram was not haram or alternately celebrated haram.

For any Muslim organization dedicated to Islam, it is not a difficult decision to expel an organization explicitly dedicated to spreading haram. No Muslim organization, composed of Muslims who fear Allah and dedicate their time to Islam can give space to organizations opposed the faith community’s values and advocates against them in their conferences and events.  Allah, in the Quran, tells us:

immorality

Indeed, those who like that immorality should be spread [or publicized] among those who have believed will have a painful punishment in this world and the Hereafter. And Allah knows, and you do not know.

It would be charitable to the point of fraud to characterize MPV as a Muslim organization. That MPV has dedicated itself to promoting ignorance of the religion within the Muslim community is not in serious dispute.  The organization’s leader has been all over the anti-Sharia movement.

Discrimination against Muslims is bad, except when it’s good 

The brief framed the various organizations’ participation by claiming as Muslims, we know what it is like to be on the receiving end of discrimination. This implies the parties that signed on to the Amicus petition believe discrimination against Muslims is a bad thing. For at least two of the organizations, this is not entirely true.

MPV is an ally of another co-signer of the Amicus petition, the Muslim Public Affairs Council (MPAC).  Both have records that show an eagerness to discriminate against Muslims in the national security space. They both applied for CVE grants. Both have supported the claim that Muslims are a national security threat they are somehow equipped to deal with. I have written more extensively about MPAC in the past; mainly, it’s work in Countering Violent Extremism and questionable Zakat practices.

MPAC’s CVE  program, called “Safe Spaces,” singled out Muslims as terrorist threats. It purported to address this Muslim threat. In June of 2019, MPAC’s academic partner released an evaluation Safe Spaces and judged it as “not successful” citing the singling out of Muslims, as well as a lack of trust within the Muslim community because of a lack of transparency as reasons why the program was a failure. Despite its legacy of embarrassment and failure, MPAC continues to promote Safe Spaces on its website.

MPV was a vigorous defender of MPAC’s CVE program, Safe Spaces.  MPV’s leader has claimed the problem of “radicalism” is because of CAIR, ISNA, and ICNA’s “brand of Islam.”

Law Enforcement Approved Islam

In 2011, former LAPD head of Counter-Terrorism, Michael P. Downing testified during a congressional hearing on “Islamist Radicalization” Downing testified in favor of MPV, stating:

I would just offer that, on the other side of the coin, we should create opportunities for the pure, good part of this, to be in the religion, such as the NGOs. There is an NGO by the name of Ani Zonneveld who does the Muslims for Progressive Values. This is what they say, “Values are guided by 10 principles of Islam, rooted in Islam, including social equality, separation of religion and state, freedom of speech, women’s rights, gay rights, and critical analysis and interpretation.” She and her organization have been trying to get into the prison system to give this literature as written by Islamic academic scholars. So I think there can be more efforts on this front as well.

Downing was central to the LAPD’s “Muslim Mapping” program, defending the “undertaking as a way to help Muslim communities avoid the influence of those who would radicalize Islamic residents and advocate ‘violent, ideologically-based extremism.” MPAC was a supporter of the mapping program, which was later rejected by the city because it was an explicit ethnic profiling program mainstream Muslim and secular civil rights groups opposed.  MPAC later claimed it did not support the program, though somehow saw fit to give Downing an award. Downing, since retired, currently serves on MPAC’s Advisory Council.

Ani Zonnevold, the President and Founder of MPV, currently sits on the International Board of Directors for the Raif Badawi Foundation alongside Maajid Nawaz and Zuhdi Jasser.

MPV has also been open about both working for CVE and funding from a non-Muslim source, the Human Rights Campaign, and other groups with agendas to reform the religion of Islam. It’s hard not to see it as an astroturf organization.

Muslim Groups Were Taken for a Ride

Unfortunately, Muslim nonprofit organizations are often unsophisticated when it comes to signing documents other groups write. Some are not even capable of piecing together the fact that an astroturf organization opposed to Islam, the religious tradition, was recruiting them to sign something.

There are many Muslims sympathetic to the LGBTQ community while understanding the limits of halal and haram. Not everyone who signed the brief came to this with the same bad faith as an MPV, which is hostile to the religion of Islam itself. Muslims generally don’t organize out of hostility to Islam. This only appears to be happening because of astroturfing in the Muslim community. Unfortunately, it was way too easy to bamboozle well-meaning Muslim groups.

Muslims are a faith community. MPV told the groups Islam did not matter in their argument when the precise reason they were recruited to weigh in on the case was that they are Muslim. Sadly, it was a successful con. Issues like the definition of sex are not divorced from Islamic concerns. We have Islamic inheritance and rules for family relations where definitions of words are relevant. Indeed, our religious freedoms in ample part rest on our ability to define the meaning of words, like Muslim, fahisha, zakat, daughter, and Sharia. Separate, open-ended definitions with the force of law may have implications for religious freedom for Muslims and others because it goes to defining a word across different statutes, bey0nd the civil rights act. There would be fewer concerns if LGBT rights were simply added as a distinct category under the Civil Rights Act while respecting religious freedom under the constitution.

Do Your Homework

Muslim organizations should do an analysis of religious freedom implications for Muslims and people of other faiths before signing on to statements and briefs. A board member of MPV drafted the “Muslim” Brief, and his law firm recruited Muslim nonprofit organizations to sign on. CAIR Oklahoma, which signed up for this brief, made a mistake (hey, it happens). CAIR Oklahoma’s inclusion is notable. This chapter successfully challenged the anti-Sharia “Save our State” law that would have banned Muslims from drafting Islamic Wills. Ironically, CAIR Oklahoma’s unwitting advocacy at the Supreme Court could work against that critical result. For an anti-Sharia group like MPV, this is fine. It is not fine for a group like CAIR.

CAIR Oklahoma is beefing up their process for signing on to Amicus Briefs in the future. No other CAIR chapter signed on to the brief, which was prudent. CAIR chapters are mostly independent organizations seemingly free to do whatever they want. CAIR, as a national organization needs to make sure all its affiliates are sailing in the same direction. They have been unsuccessful with this in the past several years. CAIR should make sure their local chapters know about astroturf outfits and charlatans trying to get them to sign things. They should protect their “America’s largest Islamic Civil Liberties Group” brand.

Muslim Leaders Should Stand Strong 

American Muslims all have friends, business associates and coworkers, and family members who do things that violate Islamic norms all the time. We live in an inclusive society where we respect each other’s differences. Everyone is entitled to dignity and fair treatment. No national Muslim groups are calling for employment discrimination against anyone, nor should they.

However, part of being Muslim is understanding limits that Allah placed on us. That means we cannot promote haram or help anyone do something haram. Muslim groups do not need to support causes that may be detrimental to our interests.  Our spaces do not need to be areas where we have our religion mocked and derided. Other people have the freedom to do this in their own spaces in their own time.

Some Muslim leaders are afraid of being called names unless they recite certain words or invite particular speakers.  You will never please people who hate Islam unless you believe as they do.  Muslims only matter if Islam matters.

If you are a leader of Muslims, you must know the limits Allah has placed on you. Understand the trust people have placed in you. Don’t allow anyone to bully or con you into violating those limits.

Note: Special thanks to Mobeen Vaid.

Ahmed Shaikh is a Southern California Attorney. He writes about inheritance, nonprofits and other legal issues affecting Muslims in the United States. He is the co-author of "Estate Planning for the Muslim Client," published by the American Bar Association. His Islamic Inheritance website is www.islamicinheritance.com

1 Comment

1 Comment

  1. Avatar

    ANNETTE KHAN

    August 26, 2019 at 7:54 PM

    Assalamu alaikum.

    I agree with this writer. The LGBTQ have been sadly successful in their attempts to put themselves under the same umbrella as us. Yes we are a religious minority. Not for long though. We are the fastest growing religion in the world. With over 2 billion strong they are trying to weaken us from within. We do not need or want their support. Allah will help us to overcome any obstacle we may face including discrimination. Be vigilant. These are the Sodomites, people of Lut alay salam. Do not yield, lest we we suffer the same fate as his people. May Allah guide us to the straight path.

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SaveUighur Urges Muslim Community To Support Black Friday Boycott Of “Made in China” Clothing

Cotton made in China
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SaveUighur.org is urging Masjids and Islamic organizations to call for a Black Friday/Cyber Monday boycott of any clothing made in China this week.

Black Friday, the Friday after Thanksgiving Day, is the busiest shopping day of the year in the United States, with retailers offering deals and discounts in stores and online.

China is currently engaged in a campaign of cultural genocide and forced assimilation of its Uighur Muslim community in East Turkestan (Xinjiang) in northwest China.

SaveUighur.org is a campaign to raise awareness about this human rights tragedy.

Clothing is specifically being targeted for boycott because experts say 80% of cotton used in Chinese clothing comes from East Turkestan, where forced labor is routinely used. As well, 30% of all U.S. clothing comes from China.

“Americans must send a message to the Chinese government that its horrific abuse of Uighurs will not be tolerated,” said Aydin Anwar, an Uighur-American activist with SaveUighur.org. “We must avoid buying clothing made in China because it would mean tacit approval of the Chinese government’s genocide of Uighurs. Boycotting products made in the country will send a strong message.”

Since April 2017, the Chinese government has thrown about 800,000 to two million Uighurs and other Muslims into the largest concentration camps since those of Nazi Germany during World War II. Prisoners have been subjected to torture, gang rape, and medical experimentation. It has also forcibly separated families, sending children to state-run child welfare institutions and boarding schools without access to their parents, and without parental consent.

Outside of the camps, Uighurs are subjected to strict surveillance of all communication within and outside of China, and spies are sent to live in Uighur homes.

SaveUighur.org is calling for the Muslim community to support this campaign and to encourage family, friends, and followers on social media to do the same using hashtags like #SaveUighur #BoycottMadeInChina #boycottchina #china #uighurs #uighur #FastFromChina

(1) Take a picture of the Made In China item.

(2) Write a message saying you are NOT buying it since it comes from China.

(3) Mention you are supporting the people of East Turkestan. Tag the manufacturer and shop, if possible.

(4) Use the hashtags #SaveUighur #BoycottMadeInChina #boycottchina #china #uighurs #uighur #FreeEastTurkestan

For more information about the campaign, please visit SaveUighur.org

CONTACT: Aydin Anwar, C: 571-344-3885

“We must avoid buying clothing made in China because it would mean tacit approval of the Chinese government's genocide of Uighurs. Boycotting products made in the country will send a strong message.”Click To Tweet
SaveUighur.org is calling for the Muslim community to boycott Made in China clothing, using hashtags like #SaveUighur #BoycottMadeInChina #boycottchina #china #uyghur #uighur #FastFromChina Click To Tweet
(1) Take a picture of the Made In China item. (2) Write a message saying you are NOT buying it since it comes from China. (3) Mention you are supporting the people of East Turkestan. Tag the manufacturer and shop, if possible. (4) Use the hashtags #SaveUighur #BoycottMadeInChina #boycottchina #china #uighurs #uighur #FreeEastTurkestan For more information about the campaign, please visit SaveUighur.orgClick To Tweet

 

“The South China Morning Post reports that U.S.-based scholars and experts spoke before legislators about how Uighurs who have been forcibly held in detention centers have been put to work in factory jobs. Companies that used these factories staffed by Uighurs and other Turkic minorities would receive government subsidies for each individual trained and employed, along with shipping subsidies. This cheap labor along with the government subsidies would result in very low manufacturing costs, “undercutting global prices,” according to testimony presented at the hearing by the Center of Strategic and International Studies. This could turn Xinjiang into a hub for low-cost manufacturing.

According to reliable sources such as the agricultural research company Gro Intelligence, a vast cotton-producing industry has been developed in Xinjiang which supplies 80 percent of the country’s total cotton output. This would mean that any cotton clothing sourced from China would be suspect of containing cotton grown using slave labor.

Furthermore, the Chinese Communist Party is transferring Uighur and other Turkic people to other parts of China forcibly, so the task of tracking forced labor of Uighur is no longer limited to Xinjiang (East Turkestan) but to the rest of the country, making it virtually impossible to track the forced labor of prisoners. How can third-party auditors ensure that the workers in these factories are not Uighurs removed from Xinjiang (East Turkestan)?”

Open Letter to Costco On Chinese Products Made by Forced Labor

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